18 U.S.C. § 4108 : US Code - Section 4108: Verification of consent of offender to transfer to the United States

Search 18 U.S.C. § 4108 : US Code - Section 4108: Verification of consent of offender to transfer to the United States

(a) Prior to the transfer of an offender to the United States,
the fact that the offender consents to such transfer and that such
consent is voluntary and with full knowledge of the consequences
thereof, shall be verified in the country in which the sentence was
imposed by a United States magistrate judge, or by a citizen
specifically designated by a judge of the United States as defined
in section 451 of title 28, United States Code. The designation of
a citizen who is an employee or officer of a department or agency
of the United States shall be with the approval of the head of that
department or agency.
(b) The verifying officer shall inquire of the offender whether
he understands and agrees that the transfer will be subject to the
following conditions:
(1) only the country in which he was convicted and sentenced
can modify or set aside the conviction or sentence, and any
proceedings seeking such action may only be brought in that
country;
(2) the sentence shall be carried out according to the laws of
the United States and that those laws are subject to change;
(3) if a United States court should determine upon a proceeding
initiated by him or on his behalf that his transfer was not
accomplished in accordance with the treaty or laws of the United
States, he may be returned to the country which imposed the
sentence for the purpose of completing the sentence if that
country requests his return; and
(4) his consent to transfer, once verified by the verifying
officer, is irrevocable.
(c) The verifying officer, before determining that an offender's
consent is voluntary and given with full knowledge of the
consequences, shall advise the offender of his right to consult
with counsel as provided by this chapter. If the offender wishes to
consult with counsel before giving his consent, he shall be advised
that the proceedings will be continued until he has had an
opportunity to consult with counsel.
(d) The verifying officer shall make the necessary inquiries to
determine that the offender's consent is voluntary and not the
result of any promises, threats, or other improper inducements, and
that the offender accepts the transfer subject to the conditions
set forth in subsection (b). The consent and acceptance shall be on
an appropriate form prescribed by the Attorney General.
(e) The proceedings shall be taken down by a reporter or recorded
by suitable sound recording equipment. The Attorney General shall
maintain custody of the records.